APOLLO COLLEGE OF VETERINARY MEDICINE vs. RAJASTHAN STATE VETERINARY COUNCIL

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6842 OF 2014 (arising out of SLP(C) No.35057 of 2011)

Rajasthan State Veterinary Council & Ors. … RESPONDENTS With C.A.No.6851/2014 (@ SLP(C) No.9216/2012) C.A.No.6852/2014 (@ SLP(C) No.9217/2012) C.A.No.6850/2014 (@ SLP(C) No.5301/2012) C.A.No.6853/2014 (@ SLP(C) No.9766/2012) C.A.No.6854/2014 (@ SLP(C) No.13493/2012) C.A.No.6857/2014 (@ SLP(C) No.23247/2012) C.A.Nos.6844-6845/2014 (@ SLP(C) Nos.142-143/2012) C.A.Nos._6846-6849/2014 (@ SLP(C) Nos.1900-1903/2012) C.A.No.6855/2014 (@ SLP(C) No.20779/2012) C.A.No.6856/2014 (@ SLP(C) No.22303/2012) J U D G M E N T SUDHANSU JYOTI MUKHOPADHAYA,J. Leave granted. JUDGMENT 2. As all these appeals involve the same issue relating to the recognition of Veterinary College(s) under Veterinary Council of India Act, 1984; they were heard together and are disposed of by this common judgment. 3. Apollo College of Veterinary Medicine, Jaipur (for short “Apollo College”) and Mahatama Gandhi College, Bharatpur (for short “Mahatama Gandhi College”) are two private colleges in Page 1 2 Rajasthan offering the course of Bachelor of Veterinary Science and Animal Husbandry (hereinafter referred to as “B.V.Sc. & A.H”). A number of students of the said colleges have passed the

University, Bikaner), recognized by Veterinary Council of India and Central Government. Students who have passed such examination from the aforesaid two Colleges have enrolled with Rajasthan State Veterinary Council are now practicing Doctors in State and private sectors. There are also number of students who are pursuing their studies in the said colleges. 4. The aforesaid two Colleges were permitted to be opened by the State of Rajasthan subject to the grant of affiliation recognition by the Veterinary Council of India. The B.V.Sc. & A.H courses offered by the said colleges were affiliated to Rajasthan Agricultural University (hereinafter referred to as the, JUDGMENT “Agricultural University). After a number of inspections made from time to time, the Veterinary Council of India recommended the Central Government to recognize the aforesaid two Colleges and the degrees granted to the students who have passed out from th those Colleges. Later, by an order dated 20 February, 2010, Government of India intimated that “it has not been found possible to grant recognition to the degrees awarded by the Page 2 3 Apollo College of Veterinary Medicine, Jaipur.” The Veterinary nd Council of India by letter dated 22 February, 2010 intimated the Registrar about the decision of Central Government. The

refusing to grant recognition to the Apollo College and degrees granted to the students passed out from the said College were challenged by a number of alumni of the said College who are practicing Doctors who passed out from the said College and also by the students pursuing their studies in Apollo College. 5. Similar orders were made refusing to recognize the Mahatma Gandhi College as well. The students of the said College including the alumni moved before the High Court for direction to the Union of India to issue appropriate notification thereby including the name of the Mahatama Gandhi College in the First Schedule of the Veterinary Council of India Act. During the JUDGMENT pendency of the writ petition the Veterinary Council of India by th letter dated 8 December, 2011, inter alia, decided not to consider B.V.Sc. & A.H. course in respect of Mahatama Gandhi college for recognition and intimated the same to the concerned authorities. The said letter was also challenged before the High Court in the pending writ petition. Page 3 4 6. The writ petitions filed by the alumni and the students of the Apollo College were heard together and the Division Bench of the Rajasthan High Court, Jaipur Bench, Jaipur by a common

Veterinary Council of India/Union of India refusing to grant recognition to the Apollo College and the degrees granted to the students passed out from said College. Following the aforesaid decision, learned Single Judge of the Rajathan High Court, Jaipur rd Bench, Jaipur by the judgment dated 23 December, 2011 dismissed the writ petition preferred by the students who have passed out from the Mahatama Gandhi College. 7. Before deciding the aforesaid question, it is necessary to notice in detail the relevant factual matrix of the case concerning the Apollo College and the Mahatama Gandhi College: JUDGMENT 8 . Apollo College th The Government of Rajasthan on 10 August, 1998, granted No Objection Certificate (NOC) to the Apollo College of Veterinary Medicine to offer a course in Bachelor of Veterinary Science and Animal Husbandry (B.V. Sc. & A.H. Course) with a capacity of 50 seats subject to grant of permission by the Union of India/Veterinary Council of India; Rajasthan Agricultural th University granted affiliation to the Apollo College on 6 Page 4 5 st November, 2000 for teaching 1 year B.V. Sc. & A.H. Course and later the affiliation was extended for a period of two years for the subsequent academic years.

report, 2003, the Committee reported that the facilities at the College and staff seems to be adequate except for certain deficiency of building, as the College was opened in a rented th building. The Central Government by letter dated 26 September, 2003 informed the Agricultural University to request the Apollo th College to fulfill the minimum requirements. On 13 August, 2004, Veterinary Council of India informed the Agricultural University that as per record available with the Council, the Apollo College was not a constituent college of Agricultural University for the purpose of awarding recognized veterinary qualifications. The Veterinary Council of India by its letter JUDGMENT nd dated 2 February, 2005, informed the Government of Rajasthan and the Agricultural University to stop admissions in the Apollo College as it has not been included in the First Schedule of Indian Veterinary Council Act for the purpose of such recognition. Public notices were also issued by Veterinary th th Council of India on 12 May, 2005 and 20 May, 2005 in Jaipur editions of the Indian Express and Rajasthan Patrika informing Page 5 6 that the BV Sc & AH qualification of the students of the Apollo College was not a recognized Veterinary qualification. st 10. Thereafter, on 21 November, 2005, Veterinary Council of

Agricultural University. Pursuant to NOC granted by Veterinary Council of India, the Agricultural University by letter dated th 26 November, 2005 granted permission to Apollo College to admit students. 11. According to the appellants, they competed in the Rajasthan pre-medical/Rajasthan pre-Veterinary (RPM/RPV) open entrance test and were allotted to the Apollo College B.V.Sc. & A.H. Course. Apollo College was subsequently inspected by Veterinary Council nd th of India Inspectors on 22 -24 January, 2007 who submitted report stating that the Apollo College was following Veterinary Council of India norms regarding infrastructure etc. and that JUDGMENT there was a need to strengthen manpower and equipments as well as TVCC, livestock farm and experimental animal facilities. However, th a public notice was issued by Veterinary Council of India on 10 April, 2007 informing the public in general that the Apollo College has published misleading and incorrect information that the College has been granted recognition by the Veterinary Council of India and, therefore, public in general was informed Page 6 7 that the matter of recognition of the qualification in respect of the College shall be considered by the Veterinary Council of India in due course only on fulfillment of requirement and the

said College. 12. Another team of Veterinary Council of India inspect the nd rd Apollo College on 22 -23 November, 2007 and reported that in view of the deficiencies mentioned therein, the qualification of the University in respect of the College should not be considered for recognition at that point of time. However, when representatives of Agricultural University and the Veterinary nd Council of India held meeting, by its proceedings dated 2 February, 2008, they recorded that the University was convinced that the minimum academic/attendance requirements as per Veterinary Council of India Regulations have been met in respect st of the 1 batch of students of the Apollo College and JUDGMENT thereafter, Veterinary Council of India granted provisional th recognition of B.V.Sc.& A.H. degree on 10 March, 2008 in st respect of 1 batch of students of the Apollo College who th completed the 5 year course. On 27 February, 2009, the Veterinary Council of India informed the Agricultural University that it has requested the Central Government to take necessary nd action to recognize the qualification of the 2 batch of Page 7 8 students of Apollo College admitted in the year 2004. It was th followed by a letter dated 24 July, 2009 whereby Veterinary Council of India intimated the Agricultural University that the

rd th the month of December, 2004 i.e. 3 batch of students. On 24 July, 2009, Veterinary Council of India also informed the Agricultural University that the Apollo College could admit students for the Academic Session 2009-2010. In the meantime, the rd Agricultural University by its letter dated 3 September, 2009 granted affiliation to the Apollo College for the Sessions 2007- 2008 and 2008-2009.Subsequently, the Expert Committee appointed by Veterinary Council of India (Balaraman Committee) recommended th on 16 November, 2009 that 55 faculty members are sufficient in th B.V. Sc. & A.H. Course. On 20 February, 2010 the Central Government through Ministry of Animal Husbandry, Dairying & JUDGMENT Fisheries by the impugned order refused to grant recognition to degrees awarded by the Apollo College. 13. The Veterinary Council of India in its turn referring to the order dated 20th February, 2010 issued by the Central Government directed the Registrar, Rajasthan Agricultural University by nd order dated 22 February, 2010 not to admit students in the B.V. Sc. & A.H. degree course in the Apollo College henceforth. Page 8 9 nd Thereafter the Central Government vide letter dated 22 March, 2010 issued amendment to their earlier order as below.

First Schedule of the said Act in the following manner: JUDGMENT “In the First Schedule to the said Act, under sub- heading “Degrees”,- (i)against serial number 33, relating to Rajasthan Agricultural University, in column 3, under the letters “B.V. Sc. & A.H.”, the following words, figures and letters shall be added, namely:- “This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or before 10.9.2009.” (ii)after serial number 73 and the entries relating thereto, the following serial number and entries shall be added, namely:- Page 9 10

Rajasthan University of Veterinary and Animal Sciences, Bikaner JUDGMENT th by letter dated 19 August, 2010 referring to the admissions of students in Apollo College intimated the Secretary, Ministry of Animal Husbandry, Dairying & Fisheries, Government of India, New Delhi that the University conducted the physical inspection of th the Apollo College on 27 July, 2010 and on the basis of inspection, the University has granted the affiliation for the year 2010-2011 and post facto affiliation for the session 2009- 2010. It was further intimated that the report of inspection team Page 10 11 has revealed that the facilities at Apollo College are adequate as per the Veterinary Council of India norms for training of students and requested the authorities to review the earlier

16. A team under the leadership of Mr. N.K. Bhattacharya of Veterinary Council of India re-inspected the Apollo College nd th between 22 November, 2010 and 24 November, 2010. The Bhattacharya Committee by its Report intimated that overall facilities in all disciplines were found satisfactory, for theoretical and practical teachings of the B.V.Sc. & A.H. degree course and were adequate to maintain minimum standards for imparting the said course as per the VCI Regulations, 2008. st 17. By letter dated 31 January, 2011 the Central Government informed the Rajasthan University of Veterinary and Animal JUDGMENT Sciences that the Apollo College had been inspected by Veterinary nd th Council of India team during 22 to 24 November, 2010 and the recommendation from Veterinary Council of India was awaited. The Veterinary Council of India was requested by the Central th Government on 24 March, 2011 to send its recommendation in the nd th light inspection carried out between 22 and 24 November, 2010. th The Veterinary Council of India by letter dated 29 March, 2011 intimated the Rajasthan State Veterinary Council that it had Page 11 12 recommended the Central Government for recognition of degrees awarded by the State University to students of Apollo College but the notification was not yet issued by the Central Government. On

Government for recognition of qualifications of first three batches admitted upto the academic year 2009. The Central th Government by letter dated 6 July, 2011 requested the Veterinary Council of India to review the case of recognition of the Apollo College in the light of deficiencies pointed out by the Inspection team. The Executive Committee of Veterinary Council of India considered the proposal for recognition of the qualification in respect of the Apollo College by letter dated th 11 July, 2011 and recommended the Central Government for recognition of the qualification. JUDGMENT 18. MAHATAMA GANDHI COLLEGE th On 24 May, 2005, the Government of Rajasthan, Animal Husbandry Department had granted NOC to Smt. Urmila Devi Mangaiya Paropkari Trust, to open the Veterinary College. On 28.06.2005, Rajasthan Agricultural University, Bikaner conditionally affiliated the College and allowed to open admission on receipt of permission from the VCI/Government of India. The Veterinary Page 12 13 th Council of India issued NOC to open Veterinary College on 9 November, 2005. th 19. On 26 November, 2005, Rajasthan Agricultural University,

time. The State Veterinary Council informed Government of India th on 12 October, 2010 about recognition of BV Sc & AH qualification imparted by Mahatma Gandhi Veterinary College, Bharatpur affiliated to Rajasthan University of Veterinary and Animal Sciences, Bikaner as per Section 15 (2) of the Veterinary Council of India Act. th 20. A reminder was issued on 26 October, 2010 to the th Government of India. On 4 February, 2011, the Secretary, Veterinary Council of India recommended for recognition of BV Sc & AH Course offered by Mahatma Gandhi Veterinary College, Bharatpur and it was informed that Veterinary Council of India JUDGMENT recognized the College. The Secretary, Veterinary Council of th India on 29 March, 2011 informed the Registrar, Rajasthan State Veterinary Council that though the Council had recommended the Central Government for recognition of the qualification in respect of Mahatma Gandhi Veterinary College, Bharatpur, and the notification including the qualifications in respect of two Colleges i.e. Apollo College of Veterinary Medicine, Jaipur and Page 13 14 Mahatma Gandhi Veterinary College, Bharatpur in the First Schedule was yet to be issued by the Central Government. 21. In April, 2011 the Rajasthan Government put the proposal in

April, 2011 the Secretary, Veterinary informed the Secretary, Department of Animal Husbandry, Dairying & Fisheries that Mahatma Gandhi Veterinary Council, Bharatpur has fulfilled the remaining deficiencies. Writ Petition No.4690/2011 was filed by some of the appellants before the Rajasthan High Court for direction to the respondents to issue permanent registration certificate and allow them to participate in the selection process for appointment on the post of Veterinary Officer in pursuance of the advertisement th issued by the Rajasthan Public Service Commission. On 30 May, 2011 an interim order was passed by the High Court allowing them to appear in the written test for appointment in the State. JUDGMENT th 22. On 8 December, 2011, the Veterinary Council of India issued letter deciding not to recommend B.V.Sc. & A.H. Course offered by of Mahatma Gandhi Veterinary College, Bharatpur for recognition as the College does not fulfill the minimum standard of Veterinary degree course. The High Court dismissed the Writ rd Petition No.4690 of 2011 23 December, 2011 referring to the Page 14 15 th judgment of Division Bench dated 17 November, 2011 in the case of Apollo College. 23. The questions involved in these appeals are as follows:

Schedule to the Indian Veterinary Council Act, 1984; and (ii) What should be a possible legal solution in the case of students who have already passed out from the colleges in not clear question. 24. Learned counsel for the appellants challenged the orders and notifications issued by Veterinary Council of India and Central Government as also the impugned judgment on following grounds: (i) The Central Government has no role to play in recognition of any Veterinary College or JUDGMENT Institution in the State. (ii) Section 21 (4) of the Indian Veterinary Council Act, 1984 does not talk of de-recognition of medical degree or recognition of medical degree qua a College. Once degree granted by a University is recognized, there is no question of recognition of College. Page 15 16 (iii)The Control of Central Government or Council is not same in all system. For example, the control of Medical Council of India on Medical Colleges

25. On the other hand, according to learned Solicitor General of India, Section 21 (4) of the Indian Veterinary Council Act, 1984 empowers the Central Government to recognize or de-recognize a degree awarded by a College. It is mandatory for a College imparting teaching of B.V.SC. & A.H. course to get recognized by the Central Government under First Schedule to the Indian Veterinary Council Act, 1984 the students passing out from such Colleges will not be allowed to register themselves with the State Veterinary Council. JUDGMENT 26. For determination of the core issue involved in these appeals, it is desirable to refer the relevant provisions of the Indian Veterinary Council Act, 1984, rules and regulations framed there under and connected relevant facts: 27. The said Act was enacted with the object to control and regulate veterinary practice and to provide for the establishment Page 16 17 of a Veterinary Council of India and State Veterinary Councils and for the maintenance of registers of veterinary practitioners. RECOGNIZED VETERINARY QUALIFICATION & INSTITUTIONS

as follows: “recognized veterinary qualifications” means any of the veterinary qualifications included in the First Schedule or the Second Schedule” 29. Whereas Section 2(j) defines “Veterinary Institutions” which reads as follows: “veterinary institution” means any University or other institution within or without India which grants degrees, diplomas or licences in veterinary science and animal husbandry” 30. Rajasthan University of Veterinary and Animal Sciences, Bikaner grants degrees in veterinary science and animal husbandry JUDGMENT and come within the meaning of Section 2(j)- “Veterinary Institutions”. 31. The Apollo College and Mahatma Gandhi College imparts teaching in veterinary science and animal husbandry. These two colleges do not grant any degree and, thereby, the Colleges aforesaid do not come within the meaning of Section 2(j)- “Veterinary Institutions”. Page 17 18 32. Section 15 of the Act deals with recognition of “veterinary qualifications” granted by veterinary institutions (Universities) in India which is quoted hereunder.

(2) Any veterinary institution in India which grants a veterinary qualification not included in the First Schedule may apply to the Central Government to have such qualification recognised and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend the First Schedule so as to include such qualification therein and any such notification may also direct that an entry shall be made in the last column of the First Schedule against such veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted after a specified date.” The aforesaid provision makes it clear that on and from the JUDGMENT date of enactment of the Act, the veterinary qualifications granted by the Veterinary Institutions (Universities) in India included in the First Schedule are only the recognized veterinary qualifications for the purpose of the Act. For inclusion of any other veterinary qualification, Veterinary Institution (University) in India is required to apply to the Central Government to have such qualification recognized under sub Section (2) of Section 15 of the Act. In such case in Page 18 19 consultation with the Veterinary Council of India, the Central Government may by notification in the Official Gazette amend the First Schedule so as to include such qualification therein.

mandatory, in case of degrees, diplomas or licences in B.V.Sc. & A.H. is granted by Veterinary Institution (University) in India, whether by itself directly or through a recognized Veterinary College. 34. “Veterinary Collage” and “Recognized Veterinary College” “Veterinary College” is defined in Section 2(n) of “The Veterinary Council of India-Minimum Standards of Veterinary Education-Degree Course (B.V.Sc. & A.H.) Regulations, 2008” (hereinafter referred to as Regulations 2008) and it reads as follows: JUDGMENT “(n) “Veterinary College” means an institution imparting veterinary education for the award of B.V.Sc. & A.H. degree having the required number of departments/units, infrastructure, manpower and other facilities as laid down in these Regulations under the overall administrative control of the Dean/Principal.” Section 2(c) of “The Veterinary Council of India (Registration) Regulations, 1992” (hereinafter referred to as Regulations, 1992) defines “recognized veterinary college” and it reads as follows: Page 19 20 “Recognized Veterinary College” means a Veterinary College affiliated to a University and recognized by Veterinary Council of India.”

JUDGMENT (2) The veterinary inspectors shall not interfere with the conduct of any training or examination, but shall report to the Committee on the adequacy of the standards of veterinary education including staff, equipment, accommodation, training and other facilities prescribed by regulations for giving veterinary education or on the sufficiency of every examination which they attend. (3) The Committee shall forward a copy of any such report to the veterinary institution concerned and shall Page 20 21 also forward a copy with remarks, if any, of the said institution thereon, to the Central Government. ” From sub Section (1) of Section 19 of the Act, it is clear

institution (University) but also college and other institutions where veterinary education is imparted for the purpose of recommending to the Central Government recognition of veterinary qualification granted by that Veterinary Institution (University). Therefore, the College and Institution through which B.V.Sc & A.H. degree is imparted also come under the purview of the Act for the purpose of recognition of veterinary qualification granted by the Veterinary Institution (University). 36. Section 21 of the Act reads as follows: JUDGMENT “21. Withdrawal of recognition.- (1) When upon report by the Committee or the visitor, it appears to the Council— (a) that the courses of study and examinations to be undergone in, or the proficiency required from candidates at any examination held by, any veterinary institution, are not in conformity with the regulations made under this Act or fall short of the standards required thereby, or (b) that the staff, equipment, accommodation, training and other facilities for instruction and training provided in such veterinary institution or in any college or other institution affiliated to it do not conform to the standards prescribed by the Council. the Council Page 21 22 shall make a representation to that effect to the Central Government.

(3) On receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government shall make its recommendation to the Central Government. (4) The Central Government, after making such inquiry, if any, as it may deem fit, may, by notification in the Official Gazette, direct that an entry shall be made in the appropriate Schedule against the said veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted before a specified date or that the said veterinary qualification if granted to students of a specified college or institution affiliated to any veterinary institution shall be a recognised veterinary qualification only when granted before a specified date or, as the case may be, that the said veterinary qualification shall be a recognised veterinary qualification in relation to a specified college or institution affiliated to any veterinary institution only when granted after a specified date: JUDGMENT Provided that before issuing such notification the Central Government may consult the Indian Council of Agricultural Research. “ 37. As per the said section, the recognition can be withdrawn under the following circumstances: (i) If the courses of study, examinations to be undergone in or the proficiency required from candidates at any Page 22 23 examination held by any veterinary institution are not in conformity with the regulations made under the Act or fall short of the standards required thereunder; and or

other facilities for instruction and training provided in such veterinary institution or in any college or other institution affiliated to it do not conform to the standards prescribed by the Council. In aforesaid circumstances, the Veterinary Council may make representation to that effect to the Central Government and after following procedure prescribed under Section 21, including inquiry, the Central Government is empowered under sub Section (4) of Section 21 to issue a notification in the official gazette directing that an entry shall be made in the appropriate Schedule JUDGMENT against the said veterinary qualification declaring that it shall be a recognized veterinary qualification only when granted before a specified date or that the said veterinary qualification if granted to students of a specified college or institution affiliated to any veterinary institution shall be a recognized veterinary qualification only when granted before a specified date or, as the case may be, that the said veterinary qualification shall be a recognized veterinary qualification in Page 23 24 relation to a specified college or institution affiliated to any veterinary institution only when granted after a specified date. 38. Though the heading of Section 21 shows “withdrawal of

required to be recognized by the Central Government, but Section 15 read with sub Section (4) of Section 21 empowers the Central Government to make an entry in the appropriate Schedule (First Schedule) declaring that veterinary qualification granted to students of a specified College or Institution affiliated to any Veterinary Institution (University) shall be a recognized veterinary qualification only when granted before a specified date or that the said veterinary qualification shall be recognized veterinary qualification in relation to the said College or Institution affiliated to the University only when JUDGMENT granted after a specified date. 39. Section 21 has to be given its fullest meaning irrespective of its marginal note (heading) “withdrawal of recognition”. On a meaningful reading of the Statement of object and preamble of the Veterinary Council Act together with Sections 2(e), 2(j), Sections 15,19 and 21 and on a purposive construction of Regulation 2(n) of the Regulation 2008 read with Regulation 2(c) of the Regulations, 1992, it is clear that only “Veterinary Page 24 25 College” imparting teaching in veterinary science and animal husbandry through which a degree is conferred by a University and is recognized by the Veterinary Council of India and shown in the

Course. 40. To draw a similarity, counsel for the parties referred to provisions of the Indian Medical Council Act, 1956. Section 15 of the Indian Veterinary Council Act, 1984- which deals with “recognition of veterinary qualifications granted by veterinary institution in India” is in pari materia with Section 11 of the Indian Medical Council Act, 1956 which is as follows:- “11. Recognition of medical qualifications granted by Universities or medical institutions in India.-(1) The medical qualifications granted by any University or medical institution in India which are included in the First Schedule shall be recognized medical qualifications for the purposes of this Act. JUDGMENT 2. Any University or medical institution in India which grants a medical qualification not included in the First Schedule may apply to the Central Government to have such qualification recognized, and the Central Government, after consulting the Council, may, by notification in the official Gazette, amend the First Schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the last column of the First Schedule against such medical qualification declaring that it shall be a recognized medical qualification only when granted after a specified date.” 41. Similarly Section 21-“Withdrawal of recognition” of the Indian Veterinary Council Act, 1984 is in pari materia with Page 25 26 Section 19 of the Indian Medical Council Act, 1956, as quoted below: “19. Withdrawal of recognition.-(1) When upon report by the Committee or the visitor, it appears to the Council- (a) that the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination, held by, any University or medical institution, or (b) that the staff, equipment, accommodation, training and other facilities for instruction and training provided in such University or medical institution or in any college or other institution affiliated to that University, do not conform to the standards prescribed by the Council, the Council shall make a representation to that effect to the Central Government. (2) After considering such representation, the Central Government may send it to the State Government of the State in which the University or medical Institution is situated and the State Government shall forward it along with such remarks as it may choose to make to the University or medical institution, with an intimation of the period within which the University or medical institution may submit its explanation to the State Government. JUDGMENT 3. On the receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government shall make its recommendations to the Central Government 4. The Central Government, after making such further inquiry, if any, as it may think fit, may, by notification in the official Gazette, direct that an entry shall be made in the appropriate Schedule against the said medical qualification declaring that it shall be a recognized medical qualification only when granted before a specified date or that the said medical qualification if granted to students of a Page 26 27

43. Therefore, on careful consideration of the provisions discussed above, we hold that it is mandatory for a “Veterinary College” imparting teaching of B.V.Sc. & A.H. Course to get Page 27 28 recognized by the Central Government under First Schedule to the Indian Veterinary Council Act, 1984. 44. For deciding the second question, it is desirable to advert

Rajasthan and were affiliated with the University recognized by the Veterinary Council of India. The Inspection Committee of Veterinary Council of India inspected the Apollo College from time to time and by inspection report, 2003, the Committee recommended for admission of students subject to removal of certain deficiency of building, as the College was opened in a th rented building. The Central Government by letter dated 26 September, 2003 informed the Agricultural University to request the Apollo College to fulfill the minimum requirements. Though the public notice was issued by Veterinary Council of India on JUDGMENT th th 12 May, 2005 and 20 May, 2005 in newspapers informing that the B.V. Sc. & A.H. qualification of the students of the Apollo College was not a recognized Veterinary qualification, by letter nd dated 22 November, 2005, the Veterinary Council of India granted no objection to admit students in the Apollo College. Subsequently, Apollo College was inspected by the Inspectors of nd th the Veterinary Council of India on 22 and 24 January, 2007 who submitted report and informed that the Apollo College was Page 28 29 following the norms and conditions required by the Veterinary Council of India. Thereafter, pursuant to a meeting between the representatives of Agricultural University and Veterinary Council

st recognition of B.V. Sc. & A.H. degree in respect of 1 batch of nd students of the Apollo College. With regard to 2 batch of th students the Veterinary Council of India on 27 February, 2009 requested the Central Government to take necessary action to nd recognize the qualification of the 2 batch of students of Apollo College admitted in the year 2004. Similar letter was rd issued in respect to 3 batch of students who were admitted in the month of December, 2004. The Veterinary Council of India on th 24 July, 2009 also informed the Agricultural University that the Apollo College could admit the students for the Academic Session 2009-2010. In view of such recognition granted by the JUDGMENT Veterinary Council of India and permission granted to admit students for the academic session 2009-2010 the students were admitted in the Apollo College. 45. It is not in dispute that the students were admitted in the Apollo College pursuant to open entrance test of Rajasthan pre- medical/Rajasthan pre-Veterinary (RPM/RPV). They completed their course and have successfully cleared B.V.Sc. & A.H. examination. Page 29 30 The students who have already passed out from the Apollo College are the holders of the basic degree of B.V.Sc. & A.H. granted by the Rajasthan Agricultural University, which is recognized

of such students who have already passed out are in Government service or in private service. The sole ground on which the students of the Apollo College who have passed out B.V.Sc. & A.H. degree examination are treated differently is that the Central Government has not notified the Apollo College and, thereby the College is not included in the First Schedule to the Indian Veterinary Council Act, 1984. Swami Keshwanand Rajasthan Agricultural University, Bikaner is duly established university by statute and it is fully competent to conduct examinations and award B.V.Sc. & A.H. degree. The degree of B.V.Sc. & A.H. granted by the university is included in the First Schedule to the Indian JUDGMENT Veterinary Council Act, 1984 as a degree fully recognized by the Veterinary Council of India which is the paramount professional body set up by statute with authority to recognize the medical veterinary qualifications granted by any University. 46. The Division Bench of the High Court, in our opinion, was manifestly in error in holding that since B.V.Sc. & A.H. degree possessed by the students was not one obtained from a recognized Page 30 31 College it could not be treated as a valid qualification for the purpose of registration under the Veterinary Council of India (Registration) Regulations, 1992 and for other purpose.

Inspection Committee all time did Veterinary Council of India allowed the College to admit students and recommended the Central Government to amend the First Schedule by entering the name of the College. It is only when the students who have passed out from College moved before the High Court for direction to the Central Government to issue appropriate notification including the Mahatma Gandhi college, in the First Schedule, the Veterinary Council withdrew the recommendation. What we observed with regard to students who have passed out from Apollo College is equally applicable to the students who have passed out from the Mahatma JUDGMENT Gandhi College. 48. In fact the subsequent development, as noticed above, shows that the Veterinary Council of India again recommended Central Government to recognize the Apollo College and Mahatma Gandhi College and the Central Government has already made certain queries. Page 31 32 49. In the facts and circumstances of the case, we are of the view that the Division Bench of the High Court should have given a possible legal solution in respect to the students who have

University, Bikaner by directing the Central Government to make appropriate amendment in the First Schedule of the Indian Veterinary Council Act, 1984 so as to include the Apollo College and the Mahatma Gandhi College in the First Schedule for the th purpose of recognition of B.V.Sc. & A.H. degree on or before 11 th July, 2011 in so far as it relates to Apollo College and 8 December, 2011 in respect of Mahatma Gandhi College. We direct accordingly. So far as the other students who have been admitted in the Apollo College and the Mahatma Gandhi College and are pursuing their studies are concerned the Central Government is directed to call for a fresh report from the Veterinary Council JUDGMENT of India and to pass appropriate order u/s 15 (2) r/w Section 21 (4) of the Indian Veterinary Council Act, 1984. In case it is not possible to recognize the Apollo College and the Mahatma Gandhi College beyond such date as ordered above, the Veterinary Council of India is directed to take steps to transfer the students to some other recognized Colleges against their corresponding year to complete the B.V.Sc. & A.H. course. Page 32 33 50. For the reasons aforesaid, we set aside the impugned common th judgment and order dated 17 November, 2011 passed by the Division Bench of High Court of Judicature for Rajasthan, Jaipur

Judicature for Rajasthan, Jaipur Bench, Jaipur and letters issued by the Veterinary Council of India directing the State Veterinary Council to delete the names of the doctors from their register. The appeals are allowed with aforesaid observations and directions. The interlocutory applications for intervention, impleadment and deletion stand disposed of in view of the finding recorded above. No costs. ……………………………………………CJI. (R.M. LODHA) JUDGMENT ………………………………………………J. (SUDHANSU JYOTI MUKHOPADHAYA) NEW DELHI, JULY 25, 2014. Page 33 34 JUDGMENT Page 34